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Home My WebLink AboutContract 45345 (2)rn tin rn rn 0 rn czta ritsa essa atm STATE OF TEXAS COUNTY OF TARRANT LEASE AGREEMENT flTY SECRETARY, 1 ,, CONTRACT NO. vir) This lease agreement (Lease) is made and effective as of November 1, 2013 by and between Oakwind Ltd, a Texas Limited Partnership (Lessor), acting by and through Clint Montgomery, Vice President of Sperry Van Ness/ Visions Commercial, its managing agent and the City of Fort Worth, a municipal corporation, acting by and through Charles Daniels, its duly authorized Assistant City Manager (Lessee). The term "Lessor" shall include the agents, representatives, employees, and contractors of Lessor. The term "Lessee" shall include the agents, representatives, and employees of Lessee. SECTION 1. Leased Premises. For and in consideration of the rental payments to be paid under this Lease, Lessor leases to Lessee and Lessee leases from Lessor office space of approximately 1,000 square feet, located at 6833 Green Oaks Road, Fort Worth, Texas 76116. The office space, together with any and all structures, improvements, fixtures and appurtenances thereon, thereunder or over, shall be referred to as the Leased Premises. The boundaries and location of the Leased Premises are described on the attached Exhibit A made part hereof. SECTION 2. Use of premises. The leased premises shall be used as office space for the Lessee. SECTION 3. Term and Rent. This lease shall be for a period of 24 months commencing on November 1, 2013 and terminating on October 31, 2015 (" Initial Term"), unless a prior termination is effected by either Lessor or Lessee under the termination provisions of this Lease. Lessee shall pay Lessor rent in the amount of $750.00 per month totaling $9,000 annually, during the Initial Term. All rental payments shall be payable to Lessor at the location of notice set forth in Section 14 of this Lease. The rental payment shall be made to the Lessor on the first day of the term and each month thereafter including any extension of the Lease. Rent for any partial calendar month shall be prorated on a per diem basis. This Lease shall automatically renew for up to two (2) successive terms of twelve (12) months each up to a maximum of two successive renewal terms, unless either party notifies the other party in writing of its intent to terminate the Lease on or before 30 days prior to the expiration of the Lease or any extension. The notice shall be deemed effective when deposited by Lessee in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to Lessor. The terms of this Lease shall continue to govern and control the relationship of the parties during any extension City of Fort Worth Lease Page 1 Lease between City of Fort Worth and Oakwind, Ltd M&C L- 15643 Approved December 10, 2013 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Rent for the fiist renewal tei n of twelve (12) months, beginning November 1, 2015 and ending October 31 2016 shall be $795.00 per month. Rent for the second renewal term, beginning November 1, 2016 and ending October 31, 2017, shall be $819.00 per month SECTION 4. Taxes, Insurance, Utilities, Care of the Leased Premises. Lessee agrees to be responsible for the payment of all electricity, natural gas, local telephone, or other utility charges that come due and payable during the term Lessee occupies the Leased Premises Lessor agrees that Lessor will pay for water for the Leased Premises, provided usage is within normal amounts. Additionally, Lessor agrees to pay all taxes and insurance as they come due Lessee shall keep the Leased Premises in good, clean and habitable condition, normal wear and tear excepted. Lessor shall maintain in good repair the roof, foundation, exterior walls, heating, air conditioning, electrical and plumbing of the Leased Premises Lessee agrees to give Lessor written notice of defects or need for repairs in the roof, foundation, exterior walls, heating, air conditioning, electrical and plumbing of the Leased Premises. If any repairs required to be made by Lessor are not commenced or made within seven calendar days after written notice is delivered to Lessor by Lessee, Lessee may terminate the Lease without penalty pursuant to Section 8 SECTION 5. Insurance. Lessor agrees to insure the structure and premises of 6833 Green Oaks Road, Fort Worth, Texas 76116. Such insurance shall provide protection for liability, fire and casualty, and property damage for the property owned by the Lessor, situated at, and including, the Leased Premises. Lessee assumes no liability or financial obligation for the acquisition or maintenance of such insurance; all costs incurred during the course of insuring the premises shall be borne solely by the Lessor. The City of Fort Worth is basically a self -funded entity and as such, generally, it does not maintain a commercial liability insurance policy to cover premises liability. Damages for which the City of Fort Worth would ultimately be found liable would be paid directly and primarily by the City of Fort Worth and not by a commercial insurance company. SECTION 6. Liability and Hold Harmless. LESSOR COVENANTS AND AGREES TO RELEASE, INDEMNIFY, HOLD HARMLESS AND DEFEND LESSEE, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR ANY OTHER TYPE OF LOSS OR ADVERSE CONSEQUENCE RELATED IN ANY WAY TO STRUCTURAL DEFECTS IN THE LEASED PREMISES, REGARDLESS OF WHETHER THE ACT OR OMISSION COMPLAINED OF RESULTS FROM THE ALLEGED NEGLIGENCE OR ANY OTHER ACT OR OMISSION OF LESSOR, LESSEE, OR ANY THIRD PARTY. SECTION 7. Fixtures. Lessor herein agrees that no property or equipment, owned or installed by Lessee, or any representative of Lessee, shall, under any circumstances, become a fixture, and that Lessee shall reserve the right to remove any and all such property or equipment at any time during the term of this lease or renewal, or subsequent to its tellnination by either party Lessor City of Fort Worth Lease Page 2 Lease between City of Fort Worth and Oakwind, Ltd M&C L- 15643 Approved December 10, 2013 further agrees that she/he will, at no time, hold or retain, any property owned or installed by Lessee, for any reason whatsoever. SECTION 8. Default and Termination,. 8.01 Lessee Default. A default by Lessee shall exist if Lessee fails to pay rent within thirty days after written notice from Lessor that rent is due hereunder. Upon a default by Lessee, Lessor , as its sole remedy, may terminate this Lease and Lessor shall have the right to collect the past due rent from Lessee. 8.02 Lessor Default. If Lessor defaults in the performance or observance of any covenant or agreement of this Lease, which default is not cured within 30 days after giving of notice thereof by Lessee, then Lessee may, at Lessee's option, either (1) terminate the Lease or (ii) ci re the Lessor's default The reasonable cost of the cure of a Lessor's default by Lessee pursuant to this Section shall not exceed $1,000, payable by Lessor to Lessee within 7 days after written demand therefor by Lessee. Such costs must be actually and reasonably incurred and must not exceed the scope of Lessor's default. Such costs must be reasonably documented and copies of such documentation shall be delivered to Lessor within the written demand for reimbursement. l� othing contained in this section shall create or imply the existence of any obligation by Lessee to cure any Lessor Default. 8.03 Termination. Lessor shall have the right to terminate this Lease at any time for any reason unrelated to Lessee's default or breach of any of the terms expressed herein by giving Lessee 60 days written notice prior to the intended termination date. The notice shall be deemed effective when deposited by Lessor in United States mail postage prepaid, certified mail, return receipt requested, addressed to Lessee. Lessee shall have the right to terminate this Lease at any time for any reason by giving Lessor 60 days' written notice prior to the intended termination date. The notice shall be deemed effective when deposited by Lessee m the United States mail, postage prepaid, certified mail, return receipt requested, addressed to Lessor. If this Lease is terminated under this section, or as a result of the expiration of the Lease.teiin or any renewal period, neither party shall have any further obligation or liability to the other under this Lease. Lessor and Lessee shall be bound by the tettrrs, covenants and conditions expressed herein until Lessee surrenders the Leased Premises, regardless of whether the date of surrender coincides with the date of termination of the Lease. Section 9 Funding and Non -Appropriation. This Lease shall terminate in the event that the governing body of Lessee shall fail to appropriate sufficient funds to satisfy any obligation of Lessee hereunder. Termination shall be effective as of the last day of the fiscal period for which sufficient funds were appropriated or upon expenditure of all appropriated funds, whichever comes first. Termination pursuant to this non -appropriation clause shall be without further penalty or expense to either party. City of Fort Worth Lease Page 3 Lease between City of Fort Worth and Oakwind, Ltd M&C L- 15643 Approved December 10, 2013 SECTION 10. Right of Inspection. Lessor reserves the right to enter upon the Premises at all reasonable times for the purpose of inspecting the Leased Premises provided that such entry does not conflict with Lessee's rights hereunder. Notwithstanding the above, given the sensitive nature of matierals handled by the Fort Worth Police Department ("FWPD"), Lessor and all others having access pursuant to this section to any portion of the Leased Premises used by the FWPD shall not enter that portion of the Leased Premises unless accompanied by a representative. of Lessee. Lessee shall make a representative available immediately upon request of Lessor. SECTION 11. Surrender of Leased Premises. Upon the teiiuination of this Lease for any reason whatsoever, Lessee shall surrender possession of the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession under the Lease, reasonable wear and teal excepted Lessee also shall surrender all keys for the Leased Premises to Lessor at the place then fixed for the payment for rent and shall mfoinu Lessor of all combinations on locks, safes, and vaults, if any, on the Leased Premises. Lessee shall remove all its furniture and equipment on or before the teiinination of the Lease and Lessee shall be responsible for repairing any damage to the Leased Premises caused by the removal of furniture and equipment Additionally, if Lessee modifies the Leased Premises with alterations, additions or improvements made or installed by Lessee, Lessor, upon the termination of this Lease, shall have the right to demand that Lessee remove some or all of such alterations, additions or improvements made by Lessee. SECTION 12. Acceptance of Leased Premises. Lessee acknowledges that Lessee has fully inspected the Premises, and on the basis of such inspection Lessee hereby accepts the Premises, and the building and improvements situated thereon, as suitable for the purposes for which the same are leased In the event any presently installed plumbing, plumbing fixtures, electrical wiring, lighting fixtures, or air conditioning and heating equipment are not in good working condition on the commencement date of this Lease, Lessor agrees to repair promptly any such defects of which Lessee delivers written notice to Lessor within thirty days after the commencement date of this Lease. SECTION 13. Assignment. Lessee shall not assign or sublet this Lease without the prior written approval of Lessor. Upon issuance of such approval, this Lease shall be binding on the successors, and lawful assignees of Lessor and the successors of Lessee, as permitted by the teinis of this agreement and by the laws of the State of Texas and the United States. Any person or entity using or occupying the Leased Premises without a lawful assignment or sublease shall be subject to all the responsibilities and liabilities of Lessee and shall be subject to all provisions regarding termination and eviction SECTION 14. Notices. Notices required to be made under this agreement shall be sent to the following persons at the following addresses, provided, however, that each party reserves the right to change its designated person for notice, upon written notice to the other party of such change: City of Fort Worth Lease Page 4 Lease between City of Fort Worth and Oakwind, Ltd M&C L- 15643 Approved December 10, 2013 All notices to Lessor shall be sent to: Oakwind, Ltd c/o Sperry Van Ness/ Visions Commercial 5601 Bridge Street Suite 504 Fort Worth, Texas 76112 Attn: Clint Montgomery Also: Oakwind, Ltd Attn: Ronald V. Franco P.O. Box 5287 Culver City, California 90231 All notices to Lessee shall be sent to: Fort Worth Police Department Attn: Kathy Hinz Fiscal and kquipment Management 350 West Belknap Fort Worth, Texas 76102 As well as to: City Attorney's Office Attn.* Leann. D. Guzman City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 All time periods related to any notice requirements specified in the Lease shall commence upon the teinus specified in the section requiring the notice. - SECTION 15. Holding Over. In the event Lessee remains in possession of the Leased Premises after the expiration of- this Lease and without the execution of a new lease, it shall be deemed to be occupying the Leased Premises on a month -to -month tenancy, subject to all of the ternis of this Lease. SECTION 16. Police Protection. Lessor agrees and understands that Lessee shall not provide increased police protection or more rapid response time because of this Lease. No special relationship shall exist between Lessor or Lessee other than that of landlord and Lessor agrees and understands that Lessee shall not provide increased police protection or more rapid response time because of this Lease. No special relationship shall exist between Lessor or Lessee other than that of landlord City of Fort Worth Lease Page 5 Lase between City of Fort Worth and Oakwind, Ltd M&C L- 15643 Approved December 10, 2013 and tenant. Lessee shall provide no greater police protection to Lessor than is provided to all other residents and business of the City of Fort Worth. SECTION 17. Entire Agreement. This Lease shall constitute the entire agreement of the Lessor and Lessee, and shall supersede any prior agreements, either oral or written, pertaining to the Leased Premises. SECTION 18. Waivers. One or more waivers of any covenant, tens, or condition of the Lease by either Lessor or Lessee shall not be construed as a waiver of a subsequent breach of the same covenant, teiin, or condition. The consent or approval by either Lessor or Lessee to or of any act by the other party requiring such consent or approval shall not be deemed a waiver or render unnecessary consent to or approval of any subsequent similar act. SECTION 19. Choice of Law and Venue. This lease and the relationship created hereby shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce the terms of the Lease or for any breach shall be in Tarrant County, Texas. SECTION 20. Signage. Lessor and Lessee hereby acknowledge and agree that Lessee shall be responsible, in its sole cost and expense, for the installation and maintenance (1 e , in good condition and in proper operating order at all times) of Lessee's signage above the storefront or on the windows or door of the Leased Premises, which signage shall be approved by Lessor as to construction, method of attachment, size, shape, height, lighting, color, location and general appearance; provided, however, that Lessor shall not unreasonably withhold its consent to any such signage. SECTION 21. Government Regulations. Lessee agrees to comply with all applicable Federal, state and municipal laws, statutes, ordinances, codes or regulations in connection with the use of the Leased Premises. Notwithstanding the above Lessor (i) shall make all improvements necessary to make the Leased Premises comply with the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §12101 et seq, AND SHALL FULLY INDEMNIFY AND HOLD HARMLESS LESSEE FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITITGATION, ARISING OUT OF OR IN CONNECTION WITH THE LEASED PREMISES' COMPLIANCE, OR LACK OF COMPLIANCE, WITH THE ADA, AND (ii) SHALL MAKE ALL IMPROVEMENTS NECESSARY TO CIRRECT AND/OR ABTE ALL ENVIRONMENTAL HAZARDS OF THE LEASED PREMISES NOT CAUSED BY OR RELATED TO ANY NEGLIGENCE BY LESSEE OR ITS EMPLOYEES, AGENTS OR INVITEES. City of Fort Worth Lease Page 6 Lease between City of Fort Worth and Oakwind, Ltd M&C L- 15643 Approved December 10, 2013 SIGNED this 20 (� LESSOR: OAKWIND, LTD., A Texas Limited Partnership day of \l ciGT o a r y By : Sperry Van Ness/ Visions Commercial s Cppration,,its managing agent By: Clint Montgomery Vice President • LESSEE: CITY OF FORT WORTH B APPROVED AS TO FORM AND LEGALITY: taa Assistant City Attorneiy ATTEST: rg City M & C -15.43 Date: January 25, 2014 • • harles Daniels Assistant City Manager City of Fort Worth Lease Page 7 !i_ • • 1 OFFICIAL `LbORD CITY SECRETARY Lease between City of Fort Worth and Oakwind, Ltd M&C L- 15643 Approved December 10, 2013 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Clint Montgomery, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Clint Montgomery, and that he executed the same as the act of said Managing Agent for Oakwind Ltd., for the purposes and consideration therein expressed and in the capacity therein stated. • GIVEN UNDER MY HAND AND SEAL OF OFFICE this aofad day of �anuaary , 2014. P Ltrds o .01111101 .- .• • Olt •ham Imo'! •••. MELISSA D. MAXWELL Notary Public, State of Texas My Commission Expires January 05, 2016 No ary Public in and for the State of Texas City of Fort Worth Lease Page 8 Lease between City of Fort Worth and Oakwind, Ltd M&C L- 15643 Approved December 10, 2013- ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF TARRANT § • • BEFORE ME, the undersigned authority; a Notary Public in and for the State of C}tu-les W. b&&t i CAS Texas, on this day personally appeared hibbya#serrknown to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me tkArttsJ.JoMi&s vn that the same was the act of atseai-end that he` executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. day of GIVEN UNDER MY HAND AND SEAL OF OFFICE thi _ 6,4/ , 2014. • Notary Public in and for the State of Texas .a . •I.ar `" PRY °�'• ;{ S. I Y .►I no I I.. • 4 J. EVONIA DANIELS Notary public, State of Texas most commission Expires .•. fit 2017 OF `�• 1i• ••• �III� 1�+1 �• yI I � • r niMir $ •2e NM NM • gab . • • IA•• 1} ♦ /9 •••• OF City of Fort Worth Lease Page 9 EVONIA DANIELS Notary Public, State of Texas My Commission Expires July 10, 2017 - .. I. J •I •ukb *oh Id • . • • I L • 1I • I _1 I a • Lease between City of FortWorth and Oakwind, Ltd M&C L- 15643 Approved December 10, 2013 EXHIBIT A Legal Description: Fringe Site Lot* 2R Block: 5 Addition: Ridgmar Mall City of Fort Worth Lease Page 10 Lease between City of Fort Worth and Oakwind, Ltd M&C L- 15643 Approved December 10, 2013 M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGIENDtFORT�TII COUNCIL ACTION: Approved on 12/10/2013 DATE: 12/10/2013 REFERENCE **L-15643 LOG NAME: 176833/GREENOAKS NO.: PUBLIC CODE: L TYPE: CONSENT HEARING: NO SURJFCT: Authorize Execution of a Two Year Lease Agreement with Oakwind, Ltd., for Office Space Located at 6833 Green Oaks Road for the Police Department in the Amount of $9,000.00 Annually, with an Option to Renew for Two Additional One -Year Periods (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Two Year Lease Agreement with Oakwind, Ltd., for office space of approximately 1,000 square feet located at 6833 Green Oaks Road for the Police Department in the amount of $9,000.00 annually, with an option to renew for two additional one-year periods. DISCUSSION: The Housing and Economic Development Department, Real Property Services Division, at the request of the Police Department, has negotiated the lease space to be utilized as a police storefront by neighborhood patrol officers and Citizens on Patrol members. The lease term will be for 24 months, beginning on November 1, 2013 and terminating on October 31, 2015, with two one-year options to renew. The rent for the original two year term will be in the amount of $750.00 per month. The renewal rates will be in the amount of $795.00 per month for the first renewal and the amount of $819.00 per month for the second renewal. Under the terms of the lease, the City of Fort Worth (City) is responsible for utility payments, including telephone, with the exception of water charges. The Police Department has occupied this space since March 6, 2001. RENEWAL OPTIONS - This Agreement may be renewed for up to two successive one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal term. This property is located in COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Crime Control and Prevention District Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR79 539120 0359501 $9,000.00 Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Jay Chapa (8517) http://apps.cfwnet.org/council packet/mc_review. asp?ID=19147&councildate=12/10/2013 1 /25/2014 M&C Review Page 2 of 2 Cynthia Garcia (8187) ATTACHMENTS http://apps.cfwnet.org/council packet/me review.asp?ID=19147&councildate=12/10/2013 1/25/2014